Terms & Conditions
- Energize Fitness Ltd T/A Chiltern Home Gym Hire is hereinafter referred to as the “Owner”..
- “Credit Reference Agencies” has the meaning set out in clause 25.1.
- “Deposit” has the meaning set out in clause 6.1.
- “Equipment” means the equipment which is provided to the Hirer and delivered to the Hirer and detailed further on the Order.
- “Order” means the Hirer’s order for the hire of Equipment in accordance with these Terms.
- “Rental Period” is the provision of the Equipment by the Owners to the Hirer for the Hirer’s use at an agreed cost and subject to these Terms.
- “Rental Fee” means the amount payable by the Hirer to the Owner for the hire of the Equipment for one (1) month.
- “Initial Deposit” means the fee paid by the Hirer to secure the Equipment.
- “Terms” means the Order and the terms and conditions set out herein.
The descriptions and images of the Equipment and on the Website are for illustrative purposes only. They are generic models and every effort has been made to describe the features and fairly.
3. EQUIPMENT HIRE
- The Hirer shall hire the Equipment to the Hirer subject to these Terms. The Owner shall not, other than in the exercise of its rights under these Terms or applicable law, interfere with the Hirer’s quiet possession of the Equipment.
- The Hire shall continue until terminated in accordance with these Terms.
- The Hirer may only hire Equipment from the Site if it is at least 18 years old.
4. RENTAL CHARGES
- Unless otherwise agreed between the parties, the Hirer shall, on the date of the Order, pay an Initial Deposit to the Owner. If specified in the Order, the Deposit shall be paid to the Owner and retained by the Owner until termination of the hire period whereupon it will be used to offset the costs of collection and service of the Equipment.
- The Rental Fee will be charged calendar monthly.
- The Rental Fee shall be payable in advance for periods of 1 month
- If the Hirer does not make the Equipment available for collection on termination of the Hire Period, the Hirer shall be responsible for the Rental Fee until the Equipment is collected by the Owner. Should the Hirer return or make the Equipment available to the Owner, before the end of the agreed month, the Owner shall be entitled to charge the Hirer the full amount of the Rental Fee of that month.
- The Owner shall be entitled to vary the amount of the Rental Fee at any time by giving the Hirer not less than four (4) weeks prior notice in writing.
- The Rental Fee is inclusive of Value Added Tax (“VAT”).
- On termination, the final Rental Fee shall be calculated to include any complete and incomplete weeks hired.
- Payment of the Initial Deposit must be made on the date of Order using a debit or credit card.
- The Rental Fee shall be paid by the Hirer to the Owner as detailed in the Order in advance for periods of one month at a time.
- Failure to pay in advance may, at the discretion of Owner, result in the termination of the equipment hire.
- If the Hirer fails to pay any Rental Fees or any other sums payable under this agreement by the due date for payment (“Due Date”) then, without limiting the Owner’s other rights and remedies, the Hirer shall pay interest on such sums for the period from and including the due date of payment up to the actual date of payment, whether before or after judgment. Interest shall be paid at the rate of 4 per cent (4%) per annum above Finance House Base Rate, save that nothing in this clause shall prevent the Owner from claiming interest at the statutory rate.
- The Owner reserves the right to charge an administration fee of £40.00 in respect of each late payment of an invoice.
- The Hirer acknowledges that due to VAT rounding, there may be a small discrepancy in the Rental Fee due by plus or minus £0.01.
6. DIRECT DEBIT MANDATE
- The Hirer acknowledges that a condition of hire is that the Hirer must complete a Direct Debit Mandate which allows the Owner to request Rental Fees, when they become due every month from their bank account.
- Collection date. The monies will be taken on the due date or first available business day there after the due date. The customer should understand this date will vary each month due to the monthly payment cycles.
- Should a payment be rejected or declined the owner reserves the right to charge a late payment charge for what ever reason. A late payment charge will be charged (as per late payment charges)
- Any sums or Rental Fees which have not been paid on the Due Date, or which are outstanding may be collected, with the Hirer’s permission, via a credit or debit card payment.
- Should the Hirer wish to change their Direct Debit details, they should contact within 14 days of the payment being due.
Prior to accepting any Order, the Owner may at its complete discretion request references, proof of identity, proof of residence of a Hirer and check with a consumer credit reference agency as to the creditworthiness of the Hirer. The Hirer expressly acknowledges and agrees to such requests and checks being made by the Owner.
The Hirer shall satisfy himself that the Equipment supplied by the Owner corresponds to the Order and is in working order. Any part of the Equipment found to be faulty, or not found to correspond with the Order, shall be notified to the Owner within one working day of receipt of the Equipment. Failure to do so will render the Hirer responsible for the payment of the Rental Fee up to the time of notification.
It is the Hirer’s responsibility to ensure that the Equipment is, if necessary, compatible with existing installations, and is suitable for the Hirer’s requirements.
The Owner reserves the right to substitute the Equipment proposed for the Rental with alternative equipment of an equal or higher specification (which, for the purposes of interpreting the Contract, shall become the Equipment). On termination of the Hire period, the Hirer may not substitute any Equipment delivered by the Owner.
11. RESPONSIBILITIES OF HIRER
- The Hirer acknowledges that by signing the Contract he has been instructed in the safe operation of the Equipment and the Hirer undertakes to ensure no one else uses the Equipment who is not properly instructed and shall not allow the Equipment to be misused in any way other than in accordance with the instructions of the Owner.
- Save in respect of death or personal injury caused by the Owner’s negligence, the Hirer shall at all times and in all respects indemnify the Owner against and from, any and every expense, liability, loss, claim or proceeding whatsoever in respect of any personal injury or loss whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Equipment) or injury to any person arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Equipment or any part thereof.
- To the fullest extent possible by law, the Owner shall not be liable for any consequential expense liability whatsoever caused by the late delivery, late collection, non-delivery, unsuitability, breakdown, failure or repossession of the Equipment:
- either party’s liability for death or personal injury caused by its own negligence;
- either party’s liability for fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded by law.
- The Hirer will ensure that the Equipment is not used by anyone under the age of 16 years old.
- The Hirer shall during the Rental Period:
- ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by competent persons who have been instructed in the safe operation of the Equipment and in accordance with any operating instructions;
- take such steps (including compliance with all safety and usage instructions provided by the Owner) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained;
- be responsible for loss of, or damage to, or caused by, the Equipment (or any part thereof);
- not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment;
- not suffer or permit the Equipment to be sold, confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
- not use the Equipment for any unlawful purpose;
- ensure that at all times the Equipment remains identifiable as being the Owner’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
- at the end of the Rental Period allow the Owner or its representatives access to the Premises or any premises where the Equipment is located for the purpose of removing the Equipment;
- not alter/remove and existing components of the Equipment; and
- not to anything which could invalidate or cause the insurances referred to in clause 14 to be invalidated
- The Hirer agrees to indemnify the Owner against any loss or damage to the Equipment and against any loss, damage or injury caused by the Equipment (except for any caused by the Owner’s own negligence) in so far as it is not covered by insurance of the Equipment.
- Risk in the Equipment passes on delivery and remains the Hirer’s sole risk during the Rental Period. Accordingly, the Hirer undertakes during the Hire Period to insure and keep the Equipment insured under a fully comprehensive policy at the Hirer’s expense to its full replacement value with a reputable insurer chosen by the Hirer. Insurance must include cover against the risk of loss or damage by fire, theft, accident and other risks, including third party risks, as are normally insured against in the case of equipment of the type to which the order relates.
- The Hirer must have the Owner’s interest noted on the policy. The Hirer will produce to the Owner on demand evidence of the insurance cover and of the payments of premiums under the insurance policy
- The Hirer must notify the Owner promptly of any loss of or damage to the Equipment and hold any insurance moneys received by the Hirer in trust for the Owner
- The Hirer irrevocably authorises the Owner to negotiate with the insurers to settle any insurance claim and to receive the insurance moneys
- The Owner shall apply the insurance moneys as follows:
- in making good any damage;
- in replacing the Equipment with goods of a similar type; and
- in compensating the Owner for any loss or damage which it may suffer or incur.
- The Hirer agrees to pay any shortfall to the Owner on demand
- Any loss of or damage to the Equipment shall not affect the continuance of this Contract
- If the Hirer fails to pay any insurance premium the Owner may, but shall not be obliged to, pay the same and the Hirer will reimburse the Owner on demand.
13. EQUIPMENT LOCATION
- The location of the Equipment, during the Rental Period, should remain at the delivery address and should only be relocated after the Hirer has obtained the prior written consent of the Owner (“Premises”).
- The Owner will be granted access to the Premises by the Hirer at all reasonable times and with reasonable notice to inspect,maintain, replace, substitute or remove the Equipment under the terms stipulated herein
14. MODIFICATION TO EQUIPMENT
The Equipment shall not be altered modified or adjusted defaced or repaired by the Hirer. The Owner shall be entitled to pursue the Hirer for the full replacement cost of the Equipment for failure to comply with this clause 14.
15. CARE OF EQUIPMENT
- The Hirer shall at his own expense keep the Equipment in a clean and good condition and not subject it to any misuse or wear and tear over that which is consistent with normal and reasonable use, maintaining where applicable the manufacturers’ recommendations.The Hirer undertakes not to remove or interfere with any identification marks affixed to the Equipment, or to deface or add to the Equipment.
- The Hirer agrees to pay all costs incurred by the Owner in rectifying any damage or cleaning of the Equipment. Rental Fees will continue until such rectification is complete.
- The Equipment must returned to the Owner in a clean and good condition. A charge of up to £50 may be made for cleaning the Equipment on its’ return in an unsatisfactory condition.
- In the event of Equipment failure the Owner will use reasonable endeavours to repair or replace the Equipment with the same or similar/higher specification equipment, within five working days at no charge to the Hirer. Should the Equipment failure prove tobe due to misuse or the fault of the Hirer, the Owner reserves the right to pass on the repair costs and engineering charges to the Hirer. Under no circumstances shall the Hirer attempt any repairs.
- The Hirer is responsible for day to day adjustment and care of the equipment (for example: handle bar and seat adjustments).The Owner shall be entitled to impose a charge of up to £50.00 for visits to the Equipment for matters of this nature.
17. TERMINATION BY THE HIRER
The Rental will terminate within a month of the Owner receiving written notification that the Hirer wishes to terminate the Rental.If the Hirer does not contact the Owner in writing 14 days prior to the next rental payment date, the Rental shall continue until otherwise terminated by either party in accordance with these Terms.
18. TERMINATION BY THE OWNER
- The Owner may terminate the Rental if the Hirer is in breach these terms and conditions or is in default of any payment due, or in the Owner’s sole opinion may become in breach or default during the period of Rental.
- The Owner shall be entitled at any time and for any reason terminate this Contract by giving the Hirer 28 days notice in writing.
- The Hirer expressly acknowledges that the Owners are not the original manufacturer or supplier of the Equipment, and that the Equipment has been selected by the Hirer as suitable for its purpose. The Hirer accordingly agrees and acknowledges that all conditions, warranties or representations whether express or implied or statutory or otherwise in respect of the Equipment or its fitness for any particular purpose are hereby expressly excluded to the fullest extent permitted by law.
- The Hirer acknowledges that the Owner or its representatives are not qualified to dvise the Hirer on any aspects of physical exercise or personal health. The Hirer should consult his Doctor before undertaking in any strenuous exercise or utilising the Equipment.
- It is the Hirer’s responsibility to ensure that he is capable of undergoing a routine of exercises and using the Equipment. The Hirer accepts the risk of injury from performing exercises on the Equipment and is advised to consult his doctor prior to beginning any fitness program or exercise on the Equipment supplied. Accordingly, the Owner cannot accept any responsibility for failure by the Hirer to seek or take such advice or consultation or any injuries sustained by the Hirer or any other user as a result.
- The Equipment is and shall remain the sole property of the Owner and the Hirer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to these Terms).
- The Hirer shall not sell offer for sale, assign, mortgage, pledge, lend or otherwise deal with or part with possession of the Equipment.
21. DELIVERY & COLLECTION
- All times or dates quoted for delivery and collection of the Equipment are given in good faith but without any responsibility on the part of the Owner. The delivery or collection will take place during Monday to Friday between the hours of 9.30am to 4.30pmunless otherwise agreed in writing. Time of delivery shall not be of the essence of the Rental.
- The Owner will arrange collection of the Equipment from the location detailed in the Order during Monday – Friday, between the hours of 9.30am to 4.30pm within ten days of the termination date.
- The Owner cannot be held liable for any damage made while delivering, collecting and installing the Equipment in the Hirer’s home or place of business however it so may be caused.
- If the Hirer cancels the delivery or collection with less than 24 hours notice to the Owner or the Equipment is not at or the Hirer is not present when the Owner arrives for delivery or collection at the agreed time, the Owner reserves the right to make a charge of up to £50.00 for re-delivery or collection of the Equipment.
- The Owner may charge extra for deliveries and collections outside the standard hours of Monday – Friday, between the hours of 9.30am to 4.30pm.
22. VALIDITY OF CONDITIONS
Should any term in the Rental Period be held to be invalid such invalidation shall not affect the validity of the remaining terms.
23. DATA PROTECTION
- If the Owner enters into this agreement with the Hirer, the Owner may disclose information and the conduct of the Hirer’s account (including payment record) to any of the Credit Reference Agencies.
- Such information may also be disclosed to other lenders, the supplier, the insurer, and any other person or company, which the Owner may select from time to time for the purposes of considering any future applications for finance and financial related services that may be made by the Hirer or any member of the Hirer’s household, fraud prevention, tracing debtors and recovering debt, carrying out statistical analysis and administering the Hirer’s account.
- The information which the Owner holds about the Hirer may be used for the purpose of carrying out market research. The Owner may also provide the Hirer with information about the Owner’s other products and services. For these purposes, the Owner may contact the Hirer by post, telephone, or other means. If the Hirer does not wish to be contacted for this purpose he/she should write to the Owner.
24. FORCE MAJEURE
Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure result from events, circumstances or causes beyond its reasonable control, and in such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for 6 weeks, the Owner may terminate the Rental Period by giving 10 (ten) Business Days’ written notice to other party.
The Hirer may not transfer any of its rights or obligations under these Terms to another person without the Owner’s prior written consent. The Owner can transfer all or any of its rights and obligations under these Terms at any time.
The Owner may amend these Terms at any time to reflect changes in legislation or otherwise and shall notify the Hirer of any such variation in writing.
Any notice served under these Terms is sufficiently served if sent by prepaid letter to the usual or last known place of business of the addressee, and proof of dispatch shall be conclusive evidence of receipt by the addressee in due course of transmission.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- A waiver of any right under these Terms is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.